Having survived his evasions on waterboarding, new Attorney General Michael Mukasey looks to start his tenure in the right direction by reopening the internal investigation into warrantless wiretapping, the same investigation that collapsed in 2006 because Dubya would not grant the department the necessary security clearances. “H. Marshall Jarrett, the OPR’s chief counsel, wrote in a letter to several lawmakers yesterday that lawyers in his office ‘recently received the necessary security clearances and are now able to proceed with our investigation.’“
Category: Civil Liberties
Waterboarding? Is that in the X-Games?
“Will we join that gloomy historical line leading from the Inquisition, through the prisons of tyrant regimes, through gulags and dark cells, and through Saddam Hussein’s torture chambers? Will that be the path we choose?” As a result of his continued inability to define waterboarding as torture, Michael Mukasey’s chances of becoming AG grow murkier. “‘If we are going to restore the image of the United States of America, the highest law enforcement officer should be clear, firm, unequivocal: that waterboarding and torture are unacceptable, un-American, illegal and unconstitutional,’ Durbin said.” Update: But, of course, key Dems capitulate, namely Senators Schumer and Feinstein. Good God, our party is pathetic at times.
Mukasey Closed.
“All other considerations aside, any person who cannot say, plainly and unambiguously, that water-boarding is torture and is both immoral and illegal should not be the attorney general of the United States. Period.” After the nominee’s hemming and hawing about waterboarding, Slate‘s Frank Bowman makes the case against Michael Mukasey’s confirmation as AG. “If the Senate is foolish enough to ratify the replacement of a bumbling toady with an accomplished apostle of the gospel of executive supremacy, it will deserve every snub this and future presidents inflict. But the rest of us deserve better.“
The Secret History of Torture.
“‘The administration can’t have it both ways,’ Rockefeller said in a statement. ‘I’m tired of these games. They can’t say that Congress has been fully briefed while refusing to turn over key documents used to justify the legality of the program.” Claiming only that the US “does not torture people,” the White House refuses to turn over Justice Department documents on torture policy, “contending that their disclosure would give terrorist groups too much information about U.S. interrogation tactics.” Those documents, announced by the NYT on Thursday, “provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures, and “show how the White House has succeeded in preserving the broadest possible legal latitude for harsh tactics.“
Pay no attention to the men (and woman) behind the curtain.
“And then this year, all hell breaks loose. The last few weeks have produced one Oprah-grade revelation after another. Which makes gazing up at the justices today something like waking up the morning after Woodstock: There’s a tangle of naked judicial limbs up there on the bench, and the uneasy collective sense that it’s best to avoid eye contact.” It’s that time of
year again: Slate‘s Dahlia Lithwick reports in from the Supreme Court’s first Monday, one made more uncomfortable than usual by the summer’s events. “Of this I am certain: In the few hundred pages of his new book, Thomas has managed to undo years of effort by his colleagues to depoliticize the judicial branch.“
The Tao of Stevens, II.
“‘I don’t think of myself as a liberal at all,’ he told me during a recent interview in his chambers, laughing and shaking his head. ‘I think as part of my general politics, I’m pretty darn conservative.” A holdover link from last weekend (and a follow-up of sorts to this 2006 post): Jeffrey Rosen profiles Justice John Paul Stevens in the NYT Magazine. “In criminal-law and death-penalty cases, Stevens has voted against the government and in favor of the individual more frequently than any other sitting justice. He files more dissents and separate opinions than any of his colleagues. He is the court’s most outspoken defender of the need for judicial oversight of executive power. And in recent years, he has written majority opinions in two of the most important cases ruling against the Bush administration’s treatment of suspected enemy combatants in the war on terror.“
Here Comes the Judge.
“In making this selection, I think President Bush has made a very…deliberate effort to choose someone who would not be controversial,” Sidestepping the political firestorm a Ted Olsen nod would have unleashed, Dubya chooses retired judge Michael B. Mukasey to be Gonzales’ replacement at the Justice Department. While conservative, particularly on national security issues, Mukasey is “‘not an ideologue for the sake of being an ideologue,’ said Andrew Ruffino, a former law clerk of the nominee’s. Said Bruce Ackerman, a Yale law professor who was a classmate of Mukasey’s: ‘He is not a hyper-charged Federalist Society type. He is not a glad-hand networker.‘” (He does, on the other hand, have strong ties to Rudy Giuliani.)
NSL Countdown.
Another brick from the wall…A US District judge in New York declares that the FBI’s secret use of “national security letters” (NSLs) under the Patriot Act is unconstitutional, violating the First Amendment and the separation of powers clause. “Marrero wrote in his 106-page ruling that Patriot Act provisions related to NSLs are ‘the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values.’“
And, Whoa, My Nights are so long.
In the big news this past week, the wheels continue to come off over at Team Dubya. First Karl Rove jumped ship. Then Tony Snow told us he’ll be off soon to make some money. And now, at long last, Alberto Gonzales has announced his resignation as Attorney General. “[W]ithin the past week, Justice aides and other officials said, Gonzales concluded that his credibility with Congress, his employees and the public was so shattered that he could not promise to remain through the end of Bush’s term, as the White House chief of staff had demanded of Cabinet officers.” Well, that, and there’s the matter of continuing investigations into Gonzales, which the Dems say will continue (and should, since there’s solid evidence he’s perjured himself.) At any rate, good riddance, Gonzales. Like too many Dubya appointments, you’ve embarrassed the nation, with your justifications for torture and illegal wiretapping as much as with your tortured evasions and denials. Frankly, this should’ve happened months ago.
Out of Sight, Out of Mind.
“Any anti-Bush demonstrators who manage to get in anyway should be shouted down by ‘rally squads’ stationed in strategic locations. And if that does not work, they should be thrown out…the manual outlines a specific system for those who disagree with the president to voice their views. It directs the White House advance staff to ask local police ‘to designate a protest area where demonstrators can be placed, preferably not in the view of the event site or motorcade route.’” Thanks to the efforts of the ACLU, the Dubya administration’s “Presidential Advance Manual” comes to public light, and it explains in detail how to deal with those pesky protestors. Namely, make sure Dubya never sees ’em…After all, we wouldn’t want “the Decider” subjected to differing points of view.